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Sweepstakes Documents – More than Just the Rules

Multiple Sweepstakes Documents Required

In preparing to conduct a sweepstakes promotion, the first step often involves the sweepstakes operator hiring an attorney to draft a set of Contest Rules that will govern the promotion. While it makes sense to begin with the rules, the process should not end there. Sweepstakes and promotional contests require an array of sweepstakes documents, disclaimers and other compliance measures in order to maximize their efficacy and ensure legality.

Qualified sweepstakes attorneys can help businesses ensure that they have provided consumers with all of the required documents, policies, disclaimers and disclosures.

What Sweepstakes Documents Does A Sweepstakes Operator Need?

State and federal sweepstakes laws, rules and regulations require that an array of consumer-facing documents and disclosures be provided to entrants and prospective entrants. Some of the required documents/disclosures include the following (which is by no means an exhaustive list):

· Rules. The Contest Rules for a given sweepstakes promotion are a sweepstakes operator’s contract with the contest entrants. Businesses must make certain that they have published legally compliant Contest Rules. Those rules must clearly set forth the terms governing the eligibility of sweepstakes contestants, the number of entries permitted, the prizes involved, the duration of the applicable sweepstakes promotion, and more.

· Privacy Policy. Failure to include a legally compliant Privacy Policy while marketing a given sweepstakes promotion could undermine the ability of a business to fully utilize the consumer information collected as part of the entry process. With the right Privacy Policy in place (and other consent language included at the point of data collection), sweepstakes operators can build a database of consumers that may be contacted for marketing purposes.

· Disclaimers. It is essential for sweepstakes operators to publish disclaimer (and disclosure) language that addresses key aspects of their sweepstakes promotions. This disclaimer must be included with each advertisement (including those featured online, in print, on radio and television, as well as at all point of sale locations) associated with the applicable sweepstakes promotion.

· Registration Flow; Marketing Material. Businesses must ensure that their sweepstakes marketing materials (and the forms/processes associated with sweepstakes registration) are drafted in compliance with applicable law. Of note, these materials must include all required disclosures and links to the Contest Rules, while accurately describing the underlying sweepstakes promotion.

· Website Terms and Conditions. In some instances, entities may conduct sweepstakes promotions via the Internet. In such cases, the sweepstakes registration/operation website(s) should contain a Terms and Conditions document that accounts for, and address, the subject sweepstakes promotion(s).

Sweepstakes Lawyers Can Help with Your Sweepstakes Documents and Disclosures

Sweepstakes law is a complex set of state and federal regulations. As such, it is fraught with considerable risk if you are not familiar with the various legal requirements. However, with proper planning and knowledgeable legal guidance from experienced sweepstakes lawyers, you can ensure that you provide consumers with access to all that is required by applicable law.

Please note that this is only a brief overview of some of the legal issues surrounding sweepstakes documents and related disclosures. As such, please remember to obtain guidance from an experienced sweepstakes lawyer prior to conducting a promotional game or sweepstakes.

If you are interested in learning more about this topic or require assistance in connection with your sweepstakes and promotional campaigns, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is ita substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

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Photo by Romain Dancre on Unsplash

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David Klein

David Klein is one of the most recognized attorneys in the technology, Internet marketing, sweepstakes, and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

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